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(영문) 창원지방법원 마산지원 2018.12.18 2018고단1022
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 27, 2018, at around 12:30 on September 27, 2018, the Defendant disputed with D on the second floor of the store C in the Changwon-si, Changwon-si, the second floor of the store C, which was called up after receiving a report of 112, and F Party F, who was called up, was asked the Defendant to inquire him of the circumstances of the case.

“In the floor of the lush hand, assaulted on one occasion at the left side of F.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for one month to eight months.

(a) Determination of types: One type of crime interfering with the execution of official duties (Interference with the performance of official duties / coercion of duties);

(b) Special sentencing factors: Where the degree of assault, intimidation, deceptive scheme, or interference with official duties is minor (a mitigated element).

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: Four months of imprisonment, the nature of crimes of obstructing the execution of official duties for one year of a suspended sentence is serious, and the police officer who is the object of the assault wishes to punish the accused;

Although the defendant's previous convictions are limited to one time, the previous criminal convictions are the previous criminal convictions due to violence and the suspended sentence of imprisonment is the previous criminal convictions.

However, there is a favorable circumstance that the degree of interference with public duties due to the crime committed by the defendant is not severe, and so far there is no benefit that the defendant has committed a crime of interference with public duties or a crime of similar nature (e.g., damage to public goods).

B. The defendant is led to confession and reflect on the crime in the judgment.

. These circumstances.

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